Law Commons^™

The Devil Is In The Details: Policing The Implementation Of The Military Chaplaincy, Liam J. Montgomery

Liam J Montgomery

While a court has validated the military chaplaincy as not violating the First Amendment, no court has properly scrutinized the implementation of the chaplaincy. Recent events illustrate that the military is not implementing this clear (and yet necessary and proper) establishment of religion in the most constitutionally permissible manner. By requiring prospective chaplains to obtain and retain the endorsement of an approved ecclesiastical endorsing agency, the military raises both serious Establishment and Free Exercise issues. This paper explores the constitutional implications of the chaplain endorsement system, including an examination of the history of the chaplaincy and the difficult roles that …

The Unrealized Promise Of Section 1983 Method-Of-Execution Challenges, Liam J. Montgomery

Liam J Montgomery

Prior to Hill v. McDonough, federal courts largely viewed method-of-execution challenges as being cognizable only through a petition for habeas corpus. Because federal habeas doctrine involves significant restrictions, such challenges were often difficult, if not impossible, to bring. This was particularly true, for instance, where an inmate had already litigated his first habeas petition and attempted to bring a later habeas corpus execution-protocol challenge: the rules against successive petitions nearly always prevented it, regardless of any newly-revealed factual or legal predicates for the challenge.

But Hill (and a predecessor case, Nelson v. Campbell) changed this framework: inmates could now challenge …